Terms & Conditions of Service.

1.Definitions

The Company shall refer to FanTouch: Telephone based calling by FanTouch on behalf of the Client.

2. Payment Terms

Set-up charges and data sourcing are invoiced and payable upon execution on terms of net 30 days (Strictly). Telemarketing pilots are invoiced and payable in advance. All other services are invoiced monthly, in arrears, on terms of net 30 days. Campaigns may be terminated at FANTOUCH discretion if payment is not made in accordance with these terms.

All overdue accounts will carry interest at 2% per calendar month until payment. On completion of a project/campaign, data will be released on payment of final invoice. Payment terms may be modified subject to status.

3. Targets

Unless specifically agreed in writing, FANTOUCH makes no implied or implicit guarantee of the outcome of campaigns. All forecasts for ‘deliverables’, including appointments and sales leads, are estimated in good faith using experience and judgment and do not constitute a guarantee.

4.“Set up days” and Training

The “Set up day” charge includes, amongst other things, an allowance for up to three hour’s training by The Client of the calling team or Business Development Rep via FanTouch video conference portal. Any other arrangement will be chargeable.

5. Data Sourcing

FANTOUCH will make every effort to ensure data is sourced to client criteria. However, FANTOUCH acts as an agent in this respect and cannot be held responsible for quality of data purchased.

6. Review Meetings

The Account Manager will be available for review meetings held via FanTouch video conference portal, frequency to be decided at project implementation stage, but to include the briefing meeting at the beginning and close down meeting at the end of a campaign. For any additional or off-site meetings, a charge may be levied.

7. Cancellation and Delays

In the event of cancellation, any incurred set-up or data sourcing charges will be charged at the full rate. Standard cancellation terms are 30 business day’s unless agreed in writing. Any discounts from our standard costs are based on the forecast volume of work being completed. Should the volume of work reduce, FanTouch reserves the right to levy a retrospective surcharge that will be the difference between the preferential rate and the standard hourly rate for all campaign hours conducted. Any delay to a scheduled campaign may result in a charge for consequential expenses incurred by FANTOUCH.

8. Termination for Breach

FANTOUCH shall be entitled to determine this agreement forthwith on:

Failure on the part of The Client to make punctual payment of all sums due to FANTOUCH. The levying of any distress or execution against The Client or the making by The Client’s liquidation (other than a member’s voluntary liquidation). Doing or permitting of any act by which FANTOUCH rights in any Intellectual property are prejudiced into jeopardy.

9. Force Majeure

FANTOUCH and the client shall be released from their respective obligations in the event of national emergency, war, prohibitive government regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of this agreement impossible, whereupon all money due under this agreement shall be due and paid immediately.

10. Professional Standards

In rendering services, FANTOUCH shall at all times provide its services for and on behalf of the client in a professional and businesslike manner.

11. Confidentiality

FANTOUCH shall, during and after a client’s tenure, take all reasonable steps to ensure that all proprietary and confidential information supplied by a client to FANTOUCH , its employees, agents or subcontractors pursuant to the supply of Telemarketing is not disclosed to any third party, except to the extent necessary for FANTOUCH to deliver its services by agreement. The obligations in the above paragraph shall not apply in respect of information already known by the agency or already in the public domain.

12. Ownership

Ownership and all copyright of ideas, methodologies and manner of presentation (including briefs, proposals and reports) are the property of FANTOUCH.

13. Call recording

For quality control purposes, all calls made to or from FANTOUCH may be digitally recorded.

14. Proper Law

This agreement shall be governed by state of Texas in every particular including formation and interpretation.

15. Soliciting Staff

The Client shall not, for a period of 12 months following cessation of this agreement, cause, encourage or assist any of FANTOUCH employees to leave its services or to do anything which if done by The Client would be a breach of this agreement.

16. Liability

16.1 The company will carry out the services with reasonable skill and care.

16.2 The company’s liability to the customer for any breach of this contract, negligence, misrepresentation or otherwise shall be limited to the price payable by the customer under this contract. In no circumstances shall the company be responsible for any consequential loss, however incurred, including without limitation loss of profit, business or anticipated saving.

16.3 For any changes, agreed by the customer, outside of the signed specification, the company reserves the right to change any agreed schedules and charges agreed under the contract.

16.4 Whilst every effort is made to ensure the accuracy of the data, the company cannot, in any circumstance, accept liability for any loss, inconvenience or damage (including loss of profits) occasioned by any error in the data.

16.5 The company cannot accept liability for any loss, inconvenience or damage (including loss of profits) occasioned by any error in the data resulting from inaccurate data provided by our business partners.